tier 4 first, then PSW appeal refused, child is 5yo

[kenwizza]

Hi I came to the Uk on 3 Jan 2008 on a tier 4 student visa and completed my ACCA in 2012. i had my baby 26.09.2008
My application for PSW was refused even under Article 8 after appeal, on 04.05.2014
is there any other option for me? i am working part time 20 hours with NHS and my employer provided a letter stating that they are ready to employ me full time if i am allowed to do so. my daughter is now in reception, full time education. she has never left the UK since she was born. both my parents are late, and i am the sole carer for the child. i have been diagnosed with PTSD following an incident i had back in 2007in my country and I attend counselling sessions when it gets really bad. i literally want the best for my child and would like to know if there is any chance under the discretionary leave to remain.
Many thanks i advance.

[Wanderer]

Is the child's other parent British or settled?

[kenwizza]

no he is not and he is not in our lives anymore. i am in this alone. absolutely by myself.

[searoze]

My application for PSW was refused even under Article 8 after appeal, on 04.05.2014

I appreciate the person who suggested you to go for Article 8 of Human Rights after PSW refusal LOL

5 yrs Old British born daughter wont help unless shes 7

Did you grant any visa after your Student visa expired in 2012 ?
If answer is yes then your last grant is student and your current status is student. So you can switch to Tier 2 if you have a full time job offer from NHS. Bear in mind you cant work full time unless you granted Tier 2 visa.

Regards

[kenwizza]

My application for PSW was refused even under Article 8 after appeal, on 04.05.2014

I appreciate the person who suggested you to go for Article 8 of Human Rights after PSW refusal LOL

5 yrs Old British born daughter wont help unless shes 7

Did you grant any visa after your Student visa expired in 2012 ?
If answer is yes then your last grant is student and your current status is student. So you can switch to Tier 2 if you have a full time job offer from NHS. Bear in mind you cant work full time unless you granted Tier 2 visa.

Regards

Thanks for your response searoze.
I applied for PSW and it was refused. the last reply i had from the court was with regards to the PSW application.
so i'm working 20 hours because of my student visa status. my case has been pending since 2012.

Under discretionary leave to remain, what are the condition that should be met for your application to be successful?
i understand my daughter will only be 7 next year, but does it matter at all that we have no ties in my home country?

[Wanderer]

My application for PSW was refused even under Article 8 after appeal, on 04.05.2014

I appreciate the person who suggested you to go for Article 8 of Human Rights after PSW refusal LOL

5 yrs Old British born daughter wont help unless shes 7

Did you grant any visa after your Student visa expired in 2012 ?
If answer is yes then your last grant is student and your current status is student. So you can switch to Tier 2 if you have a full time job offer from NHS. Bear in mind you cant work full time unless you granted Tier 2 visa.

Regards

Thanks for your response searoze.
I applied for PSW and it was refused. the last reply i had from the court was with regards to the PSW application.
so i'm working 20 hours because of my student visa status. my case has been pending since 2012.

Under discretionary leave to remain, what are the condition that should be met for your application to be successful?
i understand my daughter will only be 7 next year, but does it matter at all that we have no ties in my home country?

Well to be fair you came her to study, not to settle, it's no fault of the system. Advice here will be to drag it on till child is 7 with various doomed applications but that's up to your conscience.

[searoze]

I applied for PSW and it was refused. the last reply i had from the court was with regards to the PSW application.
so i'm working 20 hours because of my student visa status. my case has been pending since 2012.

Under discretionary leave to remain, what are the condition that should be met for your application to be successful?

I am bit confused about your situation. Have you already applied and refused discretionary leave or you want to apply for ?

i understand my daughter will only be 7 next year, but does it matter at all that we have no ties in my home country

Having no connections with home country is not sufficient to prove a child stateless. But there could be some other ways to stay here till your child is 7.

[kenwizza]

I applied for PSW and it was refused. the last reply i had from the court was with regards to the PSW application.
so i'm working 20 hours because of my student visa status. my case has been pending since 2012.

Under discretionary leave to remain, what are the condition that should be met for your application to be successful?

I am bit confused about your situation. Have you already applied and refused discretionary leave or you want to apply for ?

i understand my daughter will only be 7 next year, but does it matter at all that we have no ties in my home country

Having no connections with home country is not sufficient to prove a child stateless. But there could be some other ways to stay here till your child is 7.

Thanks for your response Searoze. I haven't applied for discretionary leave to remain, was just seeking some general advise first. I have a lot going on at the moment, and was told DLR might be an option even though it is nowhere near a guaranteed successful application as it depends on your personal circumstances.
thanks all the same.

[Olasunkanmi]

@ kenwizza, another option is for you to apply for student visa again and if refused, apply for JR as you wont get an appeal right and you can then submit an FLR (FP) application for your daughter once she turn 7yrs old even while your JR is pending.

[searoze]

Thanks for your response Searoze. I haven't applied for discretionary leave to remain, was just seeking some general advise first. I have a lot going on at the moment, and was told DLR might be an option even though it is nowhere near a guaranteed successful application as it depends on your personal circumstances.
thanks all the same.

I cant suggest you any thing better that the Olasunkanmi did already

Go for student visa. You sponsor (college or uni) must be HEI, HTS and course must be level 7 and 12 months or longer in order to qualify for your dependent child.

[Olasunkanmi]

Children that are born in UK don't necessarily have to apply for dependant visa with their parent unless they plan to travel outside the UK before they turn 7yrs when they are due for FLR(FP) private life application.

In the case of kenwizza, she might need to go for a college that will give her 20hrs work permit in order to continue her work with NHS.

[kenwizza]

Children that are born in UK don't necessarily have to apply for dependant visa with their parent unless they plan to travel outside the UK before they turn 7yrs when they are due for FLR(FP) private life application.

In the case of kenwizza, she might need to go for a college that will give her 20hrs work permit in order to continue her work with NHS.

Many thanks Olasunkanmi. when i put in the new application for a student visa, i will lose my right to work. Is it correct?

[searoze]

when i put in the new application for a student visa, i will lose my right to work. Is it correct?

You will remain subject to the conditions of your previous granted visa unless you get your new visa.

[Zee ali]

Children that are born in UK don't necessarily have to apply for dependant visa with their parent unless they plan to travel outside the UK before they turn 7yrs when they are due for FLR(FP) private life application.

In the case of kenwizza, she might need to go for a college that will give her 20hrs work permit in order to continue her work with NHS.

Many thanks Olasunkanmi. when i put in the new application for a student visa, i will lose my right to work. Is it correct?

If this is your second application or application without valid leave tha u don't have any right to work and no appeal right

[Olasunkanmi]

Children that are born in UK don't necessarily have to apply for dependant visa with their parent unless they plan to travel outside the UK before they turn 7yrs when they are due for FLR(FP) private life application.

In the case of kenwizza, she might need to go for a college that will give her 20hrs work permit in order to continue her work with NHS.

Many thanks Olasunkanmi. when i put in the new application for a student visa, i will lose my right to work. Is it correct?

@ kenwizza, yes you wont have the right to work again. But if your employer didn't stop you, you can continue as long as you submit a fresh application were you expect to get the right to work again. Your new application should be out with 5-6weeks if there is no complication.